3. Classes of Courts.-

Besides the Courts of Small Causes established under the Provincial Small Cause Courts Act, 1887 (9 of 1887), and the Courts established under any other enactment for the time being in force, there shall be the following classes of Subordinate Civil Courts in Himachal Pradesh:-

1 {(a) the Court of the District Judge;

2 [(b) the Court of Senior Civil Judge; and

(c) the Court of Civil Judge.]}

4. Civil Districts.-

(1) For the purpose of this Act, the State Government shall, by notification in the Official Gazette, divide the Himachal Pradesh into civil districts and may alter the limits or the number of these districts and may determine the headquarters of each such district, for the purpose of locating the administrative offices of the District Judge.

(2) The civil districts existing in the State at the commencement of this Act, shall be deemed to have been formed under this Act.

5. District Judges.-

The State Government shall, after consultation with the High Court, appoint as many persons as it thinks necessary to be District Judges, and the High Court shall post one such person to each district as District Judge of that district :

Provided that the same person may, if the High Court thinks fit, be appointed to be the District Judge of two or more districts.  

6. Additional District Judge.-

(1) When the business pending before the Court of any District Judge requires the aid of an Additional Judge or Judges for its speedy disposal, the State Government may, after consultation with the High Court, appoint such Additional District Judges as may be necessary.

(2) An Additional District Judge so appointed shall discharge any of the functions of a District Judge which the High Court or the District Judge may assign to him and in the discharge of his functions he shall exercise the same powers as the District Judge.

7. Assignment of functions of District Judge to Additional District Judge.-

The High Court or the District Judge may assign to an Additional District Judge any of the functions of the District Judge including the functions of receiving and registering cases and appeals, which, but for such assignment of functions could be instituted in the Court of District Judge and in the discharge of those functions the Additional District Judge shall, notwithstanding anything contained in the Act, exercise the same power as the District Judge.

8. 1 [Civil Judge].-

The State Government may, from time to time, after consultation with the High Court, fix the number of 2 [Civil Judges] to be appointed.

9. District Court to be principal Civil Court of original jurisdiction.-

The Court of the District Judge shall be deemed to be the District Court or principal Civil Court of original jurisdiction in the district.

10. Original jurisdiction of Civil Courts.-

Save as otherwise provided by any other law for the time being in force, the Court of the District Judge shall have jurisdiction in all original civil suits, the value of which does not exceed 3 [thirty lakh] rupees.

11. Original limits of 4 [Civil Judges].-

Subject to the limit specified in section 10, the jurisdiction to be exercised in original civil suit as regards the value by any person appointed to be a 5 [Civil Judge] shall be determined by the High Court either by including him in a class or otherwise as it thinks fit.

12. Local limits of jurisdiction.-

(1) The local limits of the jurisdiction of a 6 [Civil Judge] shall be such as the High Court may define.

(2) When the High Court posts a 7 [Civil Judge] to a district, the local limits of the district shall, in the absence of any direction to the contrary, be deemed to be the local limits of his jurisdiction.

13. Power to invest 8 [Civil Judge] with Small Cause Court jurisdiction.-

The High Court may, by notification in the Official Gazette, confer, within such local limits as it thinks fit, upon any 9 [Civil Judge], the jurisdiction of a Judge of a Court of Small Causes under the Provincial Small Cause Courts Act, 1887 (9 of 1887), for the trial of suits, cognizable by such Court, upto such value not exceeding two thousand rupees as it thinks fit, and may withdraw any jurisdiction so conferred.

14. Exercise by 10[Civil Judges] of jurisdiction of District Court in certain proceedings.-

(1) The High Court may, by general or special order and subject to the provisions of any other law for the time being in force, authorise any 1 [Civil Judge] to take cognizance of, and any District Judge to transfer to such a 2 [Civil Judge] under his control, any proceedings or any class of proceedings, specified in such order under:-

(a) the Indian Succession Act, 1925 (39 of 1925),

(b) the Guardians and Wards Act, 1890 (8 of 1890), and

(c) the Provincial Insolvency Act, 1920 (5 of 1920).

(2) The District Judge may withdraw any such proceedings taken cognizance of by, or transferred to, a 3 [Civil Judge] and may either himself dispose of them or transfer them to any other court under his control competent to dispose of the same.

(3) Proceedings taken cognizance of by, or transferred to, 4 [Civil Judge], as the case may be, under this section shall be disposed of by him, subject to the rules applicable to like proceedings in the Court of the District Judge.

15. Place of sitting of Court.-

(1) The High Court may fix the place or places at which any Court under this Act is to be held.

(2) The place or places so fixed may be beyond the local limits of the jurisdiction of the Court.

(3) Except as may be otherwise provided by any order under this section, a Court under this Act may be held at any place within the local limits of its jurisdiction.

16. Control of Courts.-

Subject to the general superintendence and control of the High Court, the District Judge shall have control over all the Civil Courts under this Act within the local limits of his jurisdiction.

17 Power to distribute business.-

Notwithstanding anything contained in the Code of Civil Procedure (5 of 1908), every District Judge may by written order direct that any civil business cognizable by his Court and the Courts under his control shall be distributed among such Courts in such manner as he thinks fit:

Provided that no direction issued under this section shall empower any Court to exercise any powers or deal with any business beyond the limits of its jurisdiction.

18. Ministerial officers of Courts.-

(1) The ministerial officers of the District Court other than Superintendent of the Court shall be appointed by the District Judge. The Superintendent of the District Court shall be appointed by the High Court.

(2) The ministerial officers of Civil Courts, under the control of the District Judge, shall be appointed by the District Judge.

(3) Every appointment under this section shall be subject to such rules as the High Court with the prior approval of the Government may make in this behalf.

(4) Any order passed by a District Judge under this section shall be liable to be reversed or modified by the High Court.

19. Delegation of District Judge's Powers.-

A District Judge may, with the previous sanction of the High Court, delegate to any 1 [Civil Judge] in the district the power conferred on him by section 18 (2) of this Act to be exercised by the 2 [Civil Judge] in any specified portion of the districts, subject to the control of the District Court.